RE: Siddiqi immigration consequences

["Haytham Faraj" <haytham@puckettfaraj.com>]

Alex,
Take a look at the law review article I sent earlier for assistance .  I am
less and less inclined to agree to any kind of deal.  I am still of the
opinion that this case is very winnable.  
You may write a brief memo if you like.  Don't waste too much time on it.  I
prefer to put our energies into drafting our witness requests and discovery
requests.

Have you been provided the PTAs and stipulations of Jones, Turner, and
Kolton?  If not please request them.  I am assuming they have all pled.

Please email me the contact information (telephone or email) of Lt Hornfeck
and NCIS SA Bode.

Also please request permission of the attorneys that represent Jones,
Turner, and Kolton to speak to their clients or provide me with their
information and I will do so.

Do you know the status on Gul Mohamad.  We will of course want him produced
here in the U.S.  We will also want an intelligence records check to be
conducted on him.

See you on the 7th.  Please let me know the building number, courtroom
location and time for the 7th.

Vr,
Haytham



-----Original Message-----
From: Wilschke Capt Alexander R [mailto:alexander.wilschke@usmc.mil] 
Sent: Thursday, May 27, 2010 5:12 PM
To: Haytham Faraj
Subject: RE: Siddiqi immigration consequences

Sir,
Maj Stewart wants me to draft a memo about the immigration issues.  I am not
really comfortable with that, but if it is the magic sauce for this deal and
it appears to be, I will take a stab at it.  

They also want a pta from us with newer dates. 


Very Respectfully,
Capt Alex Wilschke, USMC 
Defense Counsel 
Legal Services Support Section (LSSS) 
2d Marine Logistics Group 
Camp Lejeune, NC 28542-0132 
Phone: 910-451-8112 
DSN: 751-8112 
Fax: 910-451-8559 
Email: alexander.wilschke@usmc.mil

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-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Thursday, May 27, 2010 10:05 AM
To: Stewart Maj Matthew J
Cc: Wilschke Capt Alexander R
Subject: Siddiqi immigration consequences

Dear Matt:

Upon review of the law and consultation with an immigration attorney who is
familiar with the immigration consequences of a conviction by any
court-martial, I am convinced that a conviction regardless of the punishment
adjudged may permit removal of Cpl Siddiqi.  See INA 328 and 329.  See also
10 USC 801-946.  The Denedo case provides the most compelling support for my
argument that there are no guarantees that deportation proceedings will not
commence against Siddiqi.  I certainly concede that he may petition for
relief.  I do not find that a sufficiently compelling reason to advise Cpl
Siddiqi to agree to plead guilty at a court-martial.  Simply stated, any
conviction may leave him exposed to deportation proceedings.  

 

I discussed this matter with the author of the law review article I have
attached.  I think you will agree when you conclude the article that a
certain answer cannot be obtained, a conviction and less than five years of
honorable service may result in deportation.

 

Vr,

 

Haytham Faraj, Esq.

PUCKETT & FARAJ, PC

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